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DJ's left nut 08-17-2012 06:18 PM

Quote:

Originally Posted by petegz28 (Post 8826902)
You don't seem to get it or understand the law. What sucks for the cops is this is on video. The man was clearly down and they continued to shoot excessively. Adrenline is not a legal justification to continue shooting someone who is no longer posing a threat.

Uh...yeah, I both get and understand the law. It's sorta my job and 4 states have decided that I understand it well enough to let me practice it. I'm absolutely certain that one of us here has a better handle on the law than the other, and it ain't you.

Adrenaline can absolutely negate the mens rea that would be required for murder. It can also allow the conduct of someone to pass as reasonable given the circumstances in a manslaughter case.

You're just really very wrong here. I'll let you go ahead and retract your sterling legal analysis if you'd like and carry on with your pitchforks.

Donger 08-17-2012 06:20 PM

Quote:

Originally Posted by DJ's left nut (Post 8826931)
Uh...yeah, I both get and understand the law. It's sorta my job and 4 states have decided that I understand it well enough to let me practice it. I'm absolutely certain that one of us here has a better handle on the law than the other, and it ain't you.

Adrenaline can absolutely negate the mens rea that would be required for murder. It can also allow the conduct of someone to pass as reasonable given the circumstances in a manslaughter case.

You're just really very wrong here. I'll let you go ahead and retract your sterling legal analysis if you'd like and carry on with your pitchforks.

Sorry, can't help it:

<iframe width="420" height="315" src="http://www.youtube.com/embed/gShIlz2If40" frameborder="0" allowfullscreen></iframe>

petegz28 08-17-2012 06:22 PM

Put it in context of what will probably take place in court..

Defense Attorney: Officer why did you discharge your firearm?

Officer: The suspect posessed a knife and made a move towards another officer I thought the need to incapacitate the suspect by all means was the appropriate action.

Defense Attorney: Officer, given your training would you consider a suspect whois not in possesion of a firearm and who has been shot multiple time and is laying on the ground a threat to you or others?

Officer: No, at that point the suspect would no longer be an immediate threat.

Defense Attorney: Officer, why did you continue to discharge your firearm multiple times after the suspect was clearly incapacitated?

Officer: It was the adrenaline

Defense Attorney: Isn't it part of your training to only discharge your weapon when there is an immediate threat to you or others?

Officer: Yes, that is correct

Defense Attorney: Officer, again, why did you continue to discharge your firearm multiple times after the suspect was clearly incapacited

Officer: Adrenaline

Defense Attorney: The Defense rests your Honor.

crazycoffey 08-17-2012 06:23 PM

:facepalm:

Setsuna 08-17-2012 06:23 PM

Wow just saw it. You can't shoot a warning shot first?

petegz28 08-17-2012 06:24 PM

Quote:

Originally Posted by Donger (Post 8826927)
Just making sure, Pete. Now, how did these officers legally violate excessive force? Not your opinion, legally.

Because the suspect had been incapacitated and no longer posed any threat to them or anyone else yet they continued to fire their weapons regardless. Why they did it is rather irrelevant when it comes down to it. They did it and that's that. There was no reason for them to continue shooting the man after they dropped him and the excuse of "my adrenaline was flowing" most likely isn't going to fly.

DJ's left nut 08-17-2012 06:30 PM

Quote:

Originally Posted by petegz28 (Post 8826954)
Put it in context of what will probably take place in court..

Defense Attorney: Officer why did you discharge your firearm?

Officer: The suspect posessed a knife and made a move towards another officer I thought the need to incapacitate the suspect by all means was the appropriate action.

Defense Attorney: Officer, given your training would you consider a suspect whois not in possesion of a firearm and who has been shot multiple time and is laying on the ground a threat to you or others?

Officer: No, at that point the suspect would no longer be an immediate threat.

Defense Attorney: Officer, why did you continue to discharge your firearm multiple times after the suspect was clearly incapacitated?

Officer: It was the adrenaline

Defense Attorney: Isn't it part of your training to only discharge your weapon when there is an immediate threat to you or others?

Officer: Yes, that is correct

Defense Attorney: Officer, again, why did you continue to discharge your firearm multiple times after the suspect was clearly incapacited

Officer: Adrenaline

Defense Attorney: The Defense rests your Honor.

I....uh....assume you mean prosecuting attorney? If the officer's defense attorney is asking him those questions, he's doing a pretty poor job.

But again, you're pretty good at this law thing.

Let me tell you how that actually goes. How it actually goes is that the officers probably don't take the stand at all - because why would you allow them as their defense counsel? There's nothing gained by it.

Then what happens is that the prosecutors have really nothing to go by other than the video - so they play it. And for 10 minutes the jury is pretty shocked by it.

Defense counsel then puts up an expert that has years of training in the effects of adrenaline on officers and the physiological impact on life/death stressors on the human body. You probably go ahead an introduce service records (though the prosecutors may object to relevance or improper bolstering, but they'll probably get in).

And all that is assuming that the prosecutors survived the Mx for directed verdict. Afterall, in order to have excessive force you'd have to establish that any of those shots actually impacted and that but/for those shots, the man would've survived.

But yeah - you're really good at this lawyerin' thing.

These folks aren't going to jail.

Strongside 08-17-2012 06:30 PM

I don't know if it's because everything that happens is recorded and put online for the world to so we're just more aware, or if police brutality is on a steep increase but it's disturbing. I got into a fight this St. Patricks Day in Westport at McCoy's...It was a combination of alcohol and some frat guy basically dumping a beer down my fiancee's back...anyhow, I was heated and confronted the guy. He hit me, so I tackled him and proceeded to return the favor a few times. The bouncers grabbed me up and escorted me out, where I was met by two police officers. I was still angry, but I was in no way posing a threat to anyone. One of the cops asked me what the problem was and put his hand on me and told me to calm down. I turned toward him to tell them what happened and stuck my hands in my pockets...the cop instantly drew his gun on me and yelled for me to 'get my ****ing hand out of my pocket.' I was obviously taken aback by this...I've never been arrested or even been given a speeding ticket. After I did, the cop put his gun back in his holster and we talked. After what I've seen on the internet from police, it was insane that he could have shot me in the face for 'posing a threat to him' and gotten away with it, even though I wasn't being hostile at all. There's a problem with law enforcement in this country...that's my 2 cents, anyway.

petegz28 08-17-2012 06:31 PM

Quote:

Originally Posted by DJ's left nut (Post 8826985)
I....uh....assume you mean prosecuting attorney? If the officer's defense attorney is asking him those questions, he's doing a pretty poor job.

But again, you're pretty good at this law thing.

Let me tell you how that actually goes. How it actually goes is that the officers probably don't take the stand at all - because why would you allow them as their defense counsel? There's nothing gained by it.

Then what happens is that the prosecutors have really nothing to go by other than the video - so they play it. And for 10 minutes the jury is pretty shocked by it.

Defense counsel then puts up an expert that has years of training in the effects of adrenaline on officers and the physiological impact on life/death stressors on the human body. You probably go ahead an introduce service records (though the prosecutors may object to relevance or improper bolstering, but they'll probably get in).

And all that is assuming that the prosecutors survived the Mx for directed verdict. Afterall, in order to have excessive force you'd have to establish that any of those shots actually impacted and that but/for those shots, the man would've survived.

But yeah - you're really good at this lawyerin' thing.

These folks aren't going to jail.

God damn dude it was jut to prove a point about the adrenaline defense , don't be so literal

petegz28 08-17-2012 06:33 PM

Quote:

Originally Posted by Strongside (Post 8826989)
I don't know if it's because everything that happens is recorded and put online for the world to so we're just more aware, or if police brutality is on a steep increase but it's disturbing. I got into a fight this St. Patricks Day in Westport at McCoy's...It was a combination of alcohol and some frat guy basically dumping a beer down my fiancee's back...anyhow, I was heated and confronted the guy. He hit me, so I tackled him and proceeded to return the favor a few times. The bouncers grabbed me up and escorted me out, where I was met by two police officers. I was still angry, but I was in no way posing a threat to anyone. One of the cops asked me what the problem was and put his hand on me and told me to calm down. I turned toward him to tell them what happened and stuck my hands in my pockets...the cop instantly drew his gun on me and yelled for me to 'get my ****ing hand out of my pocket.' I was obviously taken aback by this...I've never been arrested or even been given a speeding ticket. After I did, the cop put his gun back in his holster and we talked. After what I've seen on the internet from police, it was insane that he could have shot me in the face for 'posing a threat to him' and gotten away with it, even though I wasn't being hostile at all. There's a problem with law enforcement in this country...that's my 2 cents, anyway.

Rule #1 when dealing with cops: Always keep your hands where they can see them.

Having said that I am rather surprised he cussed at you. Generally speaking they are really not supposed to do that.

DJ's left nut 08-17-2012 06:38 PM

Quote:

Originally Posted by petegz28 (Post 8826993)
God damn dude it was jut to prove a point about the adrenaline defense , don't be so literal

You want these people imprisoned and you want to try to argue law.

You clearly have no idea how it actually operates. There are very clear elements that will have to be established to have these people convicted for murder, manslaughter or excessive force and as near as I can tell you're incapable of actually doing any of it. You're most assuredly not capable of understanding how the 'adrenaline' argument would serve to negate all of the nonsense you claim it can't touch.

Like I said, you're welcome to retract your sterling legal analysis in favor of pitchforks and the purported moral high ground; such is your prerogative. But if you want to talk out your ass and call out those that know a hell of a lot more about this than you do for analytical inaccuracies, you probably shouldn't pout when your idiocy gets fed to you.

M'kay, sweetheart?

DJ's left nut 08-17-2012 06:40 PM

Off to barbecue, gentlemen. I've said about what I have to say on this and figure I'm just talking in circles at this point. It's been real.

petegz28 08-17-2012 06:40 PM

Quote:

Originally Posted by DJ's left nut (Post 8827029)
You want these people imprisoned and you want to try to argue law.

You clearly have no idea how it actually operates. There are very clear elements that will have to be established to have these people convicted for murder, manslaughter or excessive force and as near as I can tell you're incapable of actually doing any of it. You're most assuredly not capable of understanding how the 'adrenaline' argument would serve to negate all of the nonsense you claim it can't touch.

Like I said, you're welcome to retract your sterling legal analysis in favor of pitchforks and the purported moral high ground; such is your prerogative. But if you want to talk out your ass and call out those that know a hell of a lot more about this than you do for analytical inaccuracies, you probably shouldn't pout when your idiocy gets fed to you.

M'kay, sweetheart?

It obviously went right over your head. Then again when I said I wasn't being literal but just pointing out how stupid it sounds to say "Adrenaline".

Johnny Vegas 08-17-2012 06:45 PM

did the SEAL team shoot bin laden 30 ****ing times? no.

Strongside 08-17-2012 06:48 PM

Quote:

Originally Posted by petegz28 (Post 8827004)
Rule #1 when dealing with cops: Always keep your hands where they can see them.

Having said that I am rather surprised he cussed at you. Generally speaking they are really not supposed to do that.

Yeah, like I said, I've never dealt with the police other than when they came to break up my parties in college. I wasn't thinking straight because of the fight, so I put my hands in my pocket. Having a gun in my face was definitely no bueno though.


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